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Apr 21, 2013
04/13
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if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is going to uphold that down the line. the supreme court actually heard oral argument on a case very similar out of texas last week where their argument was the fifth amendment doesn't apply until we read the miranda rights. so we may have an answer to that sooner than we think. >> christopher -- >> would it make any difference -- i'm sorry, fred. just want a little follow-up. would it make any difference if the u.s. were to revoke his naturalized u.s. citizenship as far as the law is concerned?
if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say...
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Apr 21, 2013
04/13
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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Apr 17, 2013
04/13
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obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then se
obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court...
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Apr 20, 2013
04/13
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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Apr 21, 2013
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also raises the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it. another reason to think there was more planned is maybe that's why they didn't kill themselves at the time of the marathon attack. they wanted to live to attack another day. >> jeff, somebody must have trained them. can you learn to build a bomb by yourself just by going to the internet and going out there, go to a home depot and buying this kind of stuff? >> you could try to learn, but what you would certainly want to do is rehearse. you don't want to go through the operational energy that it would take to mount an attack like at the marathon without having a fair degree of confidence that your device i
also raises the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it....
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Apr 23, 2013
04/13
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 23, 2013
04/13
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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Apr 21, 2013
04/13
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these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you tell us about the plot at this point? was there any foreign involvement, and especially, what do you know, if anything, about the older brother, tamerlan's trip to russia last year? >> we do not know specifics. however, we do know there was very likely a call from russia before he went back to dagistan and chechnya asking about it. i think just conjecture would lead one to believe this may have come from running jihadist sites on his website. anyway, he went home for six months. that's a lapse. we will find out what happened during those six months. i think there is likely going to be
these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you...
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Apr 22, 2013
04/13
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i am informed, joe, that miranda was -- the suspect was mirandized today. i don't know exactly what that means. it doesn't sound like they will have enough elbow room to ask questions. what is your take? >> what happens was there was resentment in the hospital today where a u.s. magistrate average, prosecutor and a public defender were in attendance, in explaining the charges to the defendant, he was told he had the right to remain silent, that an attorney would be provided for him and he was asked if he understood those things. he did. he was told he did not have to make any statements. so the so-called period in which they were going to glean all of this intelligence from him has ended. if he chooses to speak, it will, no doubt, be over the objection of his public defender and now that he's lawyered up, my guess is that the talking is over. >> was this a mistake in i mean, a lot of people calling for enemy combatant status. that would have given a lot more time for questioning. he can be brought back into the federal system. at least he'd have a period wh
i am informed, joe, that miranda was -- the suspect was mirandized today. i don't know exactly what that means. it doesn't sound like they will have enough elbow room to ask questions. what is your take? >> what happens was there was resentment in the hospital today where a u.s. magistrate average, prosecutor and a public defender were in attendance, in explaining the charges to the defendant, he was told he had the right to remain silent, that an attorney would be provided for him and he...
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Apr 22, 2013
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he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off, put it down, did not react when the first explosion went off and then moved away from the backpack in time for the second explosion, so pretty clear about his involvement and pretty chilling, frankly. >> all right, so while we wait on that video, i want you to look at these new infrared images released showing the final intense moments of the manhunt. stun grenades just exploded as police moved in to capture the 19-year-old, and it capped a nearly four-day search for dzhokhar and his older brother, tamerlan, and while the nation was reeling, we are getting word this morning that the brothers actually
he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off,...
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Apr 21, 2013
04/13
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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Apr 24, 2013
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recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get information to protect against a future tact tick that can't be used in the trial. don't you think the lawyer is going to say i'm not going to have my client talk to you unless you promise not to seek the death penalty? >> i would say that the senator from south carolina, i don't know how that was 'nibble this case. any defense lawyer, as they should to defend their client, there's no way they oill allow that individual who committed the terrorist attack in boston to speak to one investigator now if we get additional information, we have follow-up questions, without taking the death penalty off the table. >> so did t
recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get...
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Apr 16, 2013
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or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest, someone they were questioning. the burns i think is also indicative somebody was very close to the blast point. that's important. >> one second. we will get back to the panel in a second. there's a press conference at massachusetts general hospital of which we were just speaking and we will take that. >> right now the hospital is operating in a business as usual mode with the exception just of some heightened security, of which i am sure you are aware. >> questions for the doctor? >> the nature you are of the injuries? >> these are blast-type injuries. these are very high force, high impact type injuri
or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest,...
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Apr 22, 2013
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...
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Apr 21, 2013
04/13
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controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a teacher at the high school the younger brother, dzhokhar attended. >> i know this kid to be compassionate. i know this kid to be forth coming. he's a great athlete. he's a sportsman. he's never been in trouble. >> reporter: the two brothers who are ethnic chechens came to the u.s. with their family a decade ago. facing the vicious fighting... escaping the vicious fighting between the government and the largely chechen rebel. dzhokhar who became an american citizen on september 11 of last year is 19 years old. he was a student at the university of massachusetts dartmouth. his older brother tamerlan was 26 years old, marrie
controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a...